Charged With Obstruction of Justice for Refusing to Allow a Vehicle Search

My question involves criminal law for the state of: ny

yesterday i was pulled over for window tint, the state trooper then asked me to step out of the car i did he then said he smelled marijuana. my response to that knowing there was nothing in the car was. no you can not search my car get a dog. he then went on to say that he didnt need to get a dog and that he had probable cause to search based on that. again my argument is i have over $1200 worth of stereo equipment in the trunk that i did not want to get damaged after explaining this to him he calls another officer in to "verify" the smell of marijuana in the car. at this point they now have me and my girl friend out of the car trying to get me to let them search the hole time im saying no your going to have to get a dog there is nothing in there and i dont want my stuff to be damaged i then went on to tell them the car is has audio and video and they were all be recorded " the car does not have that" but i knew in telling them they would be a little more cautious then one of the officers asked me to place my hands behind my back and he said that i was under arrest for obstruction of justice. i complied and did everything they asked me to the whole time with the exception of not letting them search my car." handing over the keys" so they then place me in the trooper truck handcuffed as well as my girlfriend in another car a total of 4 state trooper cars are at this stop now. the same trooper that arrested me then asked me if there was anything in my car that would hurt a dog i said no. they then brought a dog to sniff around the car when it didnt hit on anything they opened my door and let the dog in the car. after the dog bounced around and then waited at the door to be let out they started to hand search "4 state troopers" searching my car and non of them came up with anything at all. and the reason for me not wanting to have them search happened after they search my car and arrest me i asked them to give my car keys to my girlfriend she then drives away an would later come to pick me up at the station come to find out. 2 very large power cables are unplugged from one of my amps just sitting there. due to them trying to search my car and just moving things carlessly . this situation although easy to fix could have very easily caused a car fire with her in the car i also noticed that one of my tweaters in the back was pushed in so again more damage that i didnt want hence my reason for denying the search the whole time.

moral of the story here is one officer said he smelled pot i said nope theres none in there get a dog they arrest me then get a dog then search with a dog and 4 officers and find nothing and i still was arrested and had property damaged and the very real risk of a fire.

am i guilty of obstruction of justice in ny for denying a search on my car that resulted in property damage and nothing illegal to be found?

Dude, sentences are your friend. You need a lawyer. I suggest you come down off your high before talking to him.

If they had probable cause they didn't need your permission and refusing to allow a search is obstruction.

The "the loose cables could have" is meaningless. Since nothing did happen and there was no damage to the cables, you plug them back in and go on with life.

If if they actually damaged your speaker you might have a claim for the damages but depending on their explanation it your claim may legally be denied.

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Quoting jk

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If they had probable cause they didn't need your permission and refusing to allow a search is obstruction.

The "the loose cables could have" is meaningless. Since nothing did happen and there was no damage to the cables, you plug them back in and go on with life.

If if they actually damaged your speaker you might have a claim for the damages but depending on their explanation it your claim may legally be denied.

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Is disagree with the bolded. If they had probable cause then they didn't need his permission to search the car. Therefore I do not see how refusing to allow them to search could be obstruction.

I think that any decent attorney could get this thrown out fairly easily. Even after the dog didn't hit they still hand searched the car.

Okay, so there was no pot IN the car ... had you or your girl been smoking it earlier? Had there been any in your car in the last few days? Had you ever smoked dope in the car?

Weed stinks, and the stink stays for a long time. If NY is a state that allows "plain smell" (and most do) then the odor, alone, was sufficient to allow the search.

That being said, since your consent was not really necessary in such a circumstance, merely refusing to consent shouldn't result in an arrest. Had you taken some action to prevent them from searching, THEN you could be arrested.

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Quoting llworking

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Is disagree with the bolded. If they had probable cause then they didn't need his permission to search the car. Therefore I do not see how refusing to allow them to search could be obstruction.

I think that any decent attorney could get this thrown out fairly easily. Even after the dog didn't hit they still hand searched the car.

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good that you did. I meant that refusing to allow the search is NOT obstruction. Apparently I edited that out when reconstructing what I had originally typed.

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Quoting cdwjava

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That being said, since your consent was not really necessary in such a circumstance, merely refusing to consent shouldn't result in an arrest. Had you taken some action to prevent them from searching, THEN you could be arrested.

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the only thing I can think of is this:

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i complied and did everything they asked me to the whole time with the exception of not letting them search my car." handing over the keys"

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if they had PC to search, which at some point is appears they believed they did. If OP had locked the car and refused to turn over the keys that could be seen as obstruction. It isn't the first time I have seen such innocuous acts being construed as obstruction. Of course, it appears they did access the interior of the vehicle so either the OP finally relinquished the keys or the arrest was simply a mechanism allowing them to take the keys, in a claimed legal fashion, so they could open the car and allow the dog inside.

I would surely speak with an attorney about this matter. Its impossible to determine whether the arrest was valid or not from what is going to be posted on the internet.

If he did not turn over the keys, yes, I can see that as obstruction as it unnecessarily delayed them from entering. This may have been resolved when they arrested him for the obstruction and then took the keys from him as a search incident to arrest.

no we dont smoke and there was nothing in the car. thats why i wouldnt let him search. if he had probable cause then why did they wait for a dog and then be so cautious about the whole thing. can they say the smell is probable cause but then 4 state troopers and a dog couldnt find anything? thats my issue if probable cause existed then why did they wait for the dog and not just go to searching my car after they arrested me and took my keys.why do i have to hand over my keys when there trying to perform an illegal search that resulted in nothing but my items being damaged. i still have to get in contact with a lawyer and discuss the case. i was just after some feedback here. my issue is i did everything i was asked to i didnt object to anything but the search because there was nothing in there

They cannot legally search inside your vehicle without either probable cause or permission; this includes allowing the dog inside so,

Either they had probable cause before the dog went in or they didn't. If they didn't, refusing to relinquish your keys is not obstruction

so, as is so often the case; hire an attorney who can review all of the facts and advise you. From what I read it will turn on whether the police can articulate valid probable cause or not before they entered the vehicle.

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Quoting macseven6

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no we dont smoke and there was nothing in the car. thats why i wouldnt let him search. if he had probable cause then why did they wait for a dog and then be so cautious about the whole thing.

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An abundance of caution, I suppose. If they lacked probable cause, then there would be little reason to call a dog and an undue detention would be a problem.

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can they say the smell is probable cause but then 4 state troopers and a dog couldnt find anything?

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Sure. The odor can linger.

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i still have to get in contact with a lawyer and discuss the case. i was just after some feedback here. my issue is i did everything i was asked to i didnt object to anything but the search because there was nothing in there

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Yes, you can talk to an attorney or three, but any civil suit will likely have to wait for the result of any criminal trial. if you are charged and convicted of the obstruction charge, it is pretty certain that the grounds for the search were good. If the charges are dropped or not filed, then you still have to show some damages and you may find that the cost of a lawsuit will be prohibitive. But, most attorneys will give you a free consultation so they can tell you what they think. Keep in mind that if they ask for $15k-$20k up front, then your case is not all that good.